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Chapter
5
Official
Links From Government
of India: Guidelines for adoption of Indian children.
Contains extensive information on: Role of Government of India,
List of Recognized Foreign Agencies for Adoption, Procedure
to be followed etc.
CHAPTER
V:RECOGNITION OF INDIAN AGENCIES FOR ADOPTION
Proforma
for Application
5. 1 Any
Indian social/child welfare agency desirous of obtaining recognition
from the Government of India for undertaking intercountry
adoption work shall submit an application in the prescribed
form to the CARA through the Department dealing with Social
Welfare/Women & Child Development in the State in which
the agency is located.
Un-Recognized
Agencies Barred
5.2 No
agency which does not hold a certificate of recognition from
the CARA shall give a child to foreign parents for the purpose
of adoption nor submit an application to an Indian court under
the Guardians and Wards Act, 1890, for declaring a foreigner
as a guardian of an Indian child.
Recognition
for Specified Period
5.3 Recognition
to an Indian agency shall be granted initially for a period
of three years, subject to the conditions laid down in these
guidelines.
Conditions
for Recognition
5.4 Any
Indian agency which seeks recognition shall generally fulfil
the following conditions:
(a) It
shall be a society registered under the Societies Registration
Act, 1860 or a Trust created under the Charitable Trust Act,
or an organization registered under an appropriate law or
an organization which has worked for the welfare of children
during the preceding five years;
(b) The
organization shall be duly licensed by the State Government
under the provisions either of the Women and Children Institutions
(Licensing) Act, 1956 or the Orphanages or Charitable Institutions
(Supervision and Control) Act, 1960;
(c) It
shall have a duly constituted Executive Committee. The Chief
Executive of the organization as well as the majority of members
of the Board/Executive Committee should be Indian citizens;
(d) It
should have appropriate children's home for the protection
and up-keep of children including infants;
(e) It
should be able to raise funds through donations or Government
grants;
(f) It
should be running on a non-commercial, non-profitable basis;
(g) It
should have atleast one qualified Social Worker on its staff
to carry out the adoption work;
(h) The
Chief Executive of the organization should be willing to sign
a written undertaking to follow the guidelines laid down by
the Supreme Court of India and those prescribed, from time
to time, by the Government of India and the Regulations if
any, made by CARA.
(i) Recognition
of the agency should be recommended by the State Government
concerned. Or, if it is not so recommended, the reason for
the refusal should be given. CARA may accept or reject the
reasons for refusal. The decision of CARA shall be final.
Renewal
of Recognition
5.5 The
original application should be sent to the appropriate authority
of the State Government and a copy of it should simultaneously
be forwarded directly to CARA. The State Government will forward
the original application to CARA alongwith its views within
a period of two months from the date of receipt of the application.
If the State Government does not send the application to CARA
with its view within a period of two months from the date
of receipt of the application e concurrence of the State Government
will presumed by CARA and the application will be processed
by CARA for grant of recognition within a maximum further
period of two months. It there is no response from CARA to
the application within such further maximum period of tow
months or before expiry of the recognition of the agency,
whichever is later, the renewal shall be deemed to have been
granted for a period of two years. Recognition would normally
be renewable for a period of three years at a time subject
to the following conditions:-
(i) Satisfactory
performance in in-country adoption. The Licensing Authority
should ensure that the agencies should abundantly exhibit
their involvement in the area of Indian adoption. Therefore,
it shall be obligatory on the part of every recognized placement
agency to make at least 25 per cent placement of children
in Indian families out of the total placements effected by
it by way of adoption/guardianship in the first year of its
recognition. This level of in-country adoption/guardianship
shall be raised to 50 per cent by the third year of its recognition.
The recognition is liable to be suspended or revoked in cases
where the recognized agency fails to arrange in-country adoptions
up to the figures stipulated above. However, an opportunity
would be given to the placement agency to show cause against
such suspension or revocation, as the case may be and such
suspension or revocation shall be made by a written order
giving reasons for such suspension or revocation.
(ii) Regular
submission of reports and returns.
(iii)
No instance of proved malpractice against the placement agency.
(iv) Recommendation
of the concerned State Government provided that the refusal
to recommend is not based on any inadequate, irrelevant or
unacceptable reasons.
Agencies
to Maintain Accounts
5.7 (i)
Every agency shall maintain proper accounts to be audited
by a Chartered Accountant every year.
(ii) A
Photostatted copy of audited accounts together with audit
report shall be furnished by every agency within one month
from the date accounts have been audited by the Chartered
Accountant, to the Social Welfare Department of the State
Government concerned and to the CARA.
(iii)
A Photostatted copy of the FCRA accounts submitted to the
Home Ministry should be furnished to CARA together with the
audited accounts, by the agency.
Application
to be processed only by Recognized Agencies
5.8 An
application for declaring a foreigner or an Indian to be the
guardian of an Indian child as a prelude to adoption in a
foreign country shall be processed only by a recognized Indian
agency after following the procedure set out in these Guidelines.
Application
to be sponsored by Enlisted Foreign Agencies
5.9 A
recognized Indian agency may submit an application of a foreign
adoptive parent to an Indian court for awarding the guardianship
of an Indian child to a foreigner provided the application
of such foreigner has been forwarded by a foreign voluntary
agency enlisted by the Government of India and the application
is made in accordance with these guidelines. However, if there
is an agency owned or operated by the Government in a foreign
country, the foreign adoptive parents can approach a recognized
Indian agency in India through such agency operated or owned
by the foreign Government.
Indian
Agencies Recognized to Deal with Enlisted Agencies Abroad
5. 10
No recognized Indian agency shall entertain any application
directly for adoption of an Indian child from a foreigner
or sponsored by a foreign enlisted agency unless the prescribed
documents alongwith the application are cleared by CARA.
Inspection
of Agencies
5.11 The
premises of the recognized Indian agencies including their
children homes, and their records shall open to inspection
by officials of the CARA and/or official of the State Government
at any time.
Source: Embassy
of India
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